[HISTORY: Adopted by the Township Committee
of the Township of Washington 9-17-1979 by Ord. No. 64-79 (Sec. 12-4 of the Revised
General Ordinances). Amendments noted where applicable.]
[Amended 8-15-2022 by Ord. No. 06-22]
The administrative and enforcing authority for
the provisions of this chapter shall be the public officer designated
by the Township unless otherwise specified herein.
[Amended 8-15-2022 by Ord. No. 06-22]
All principle structures located on separate
lots shall be identified by their designated number as issued by the
Construction Official. Such numbers shall be displayed so as to be
clearly seen and identified from the road. This shall not be construed
to limit the locations of the numbers to be on the structure itself;
however, they shall be so located that they will reasonably indicate
the building so intended to be identified. Business signs and/or mailboxes
are examples of acceptable locations, provided that such signs or
mailboxes are located on the same side of the road and next to the
entrance of the lot. Notwithstanding the above, said numbers shall
be at least three inches in height.
[Amended 3-21-2016 by Ord. No. 07-16; 8-15-2022 by Ord. No. 06-22]
All residential and commercial premises shall be maintained free from weeds, grass or lawn growth in accordance with the provisions of Chapter 53.
[1]
Editor's Note: Former § 148-4, Amendments, as amended,
§ 148-5, Demolition, added 12-17-1979 by Ord. No. 75-79,
§ 148-6, Numbering of buildings, added 11-17-1980 by Ord.
No. 60-80, as amended, and § 148-7, Grass and weeds on residential
premises, added 6-20-2011 by Ord. No. 10-11, as amended, were repealed
8-15-2022 by Ord. No. 06-22.
[Added 12-15-2014 by Ord. No. 17-14; amended 11-19-2018 by Ord. No. 16-18; 8-15-2022 by Ord. No. 06-22]
[Added 8-15-2022 by Ord.
No. 06-22]
The following terms, wherever used herein or referred to in
this code, shall have the respective meanings assigned to them unless
a different meaning clearly appears from the context:
A mortgagee or an agent or assignee of a mortgagee, such
as the servicer, who has filed a complaint in the Superior Court seeking
to foreclose upon a residential or commercial mortgage. If the entity
seeking to foreclose upon the residential or commercial mortgage changes
as a result of an assignment, transfer, or otherwise after the filing
of the foreclosure complaint in the Superior Court, the new entity
shall be deemed the creditor for purposes of this section. For purposes
of this section, a creditor shall not include the state, a political
subdivision of the state, a state, county, or local government entity,
or their agent or assignee, such as the servicer.
The title holder of a vacant and abandoned property or a
creditor responsible for the maintenance of a property.
An address at which a natural person who is the responsible
party or an authorized agent actually resides or actively uses for
business purposes, and shall include a street name or rural delivery
route.
Any residential or commercial building which is not legally
occupied by an owner, a mortgagor or tenant, which is in such condition
that it cannot be legally reoccupied, and two or more of the conditions
in exist:
Overgrown or neglected vegetation;
The accumulation of newspapers, circulars, flyers, or mail on
the property;
Disconnected gas, electric, or water utility services to the
property;
The accumulation of hazardous, noxious, or unhealthy substances
or materials on the property;
The accumulation of junk, litter, trash, or debris on the property;
The absence of window treatments such as blinds, curtains, or
shutters;
The absence of furnishings and personal items;
Statements of neighbors, delivery persons, or government employees
indicating that the property is vacant and abandoned;
Windows or entrances to the property that are boarded up or
closed off, or multiple window panes that are damaged, broken, and
unrepaired;
Doors to the property that are smashed through, broken off,
unhinged, or continuously unlocked;
A risk to the health, safety, or welfare of the public or any
adjoining or adjacent property owners due to acts of vandalism, loitering,
criminal conduct, or the physical destruction or deterioration of
the property;
An uncorrected violation of a municipal building, housing, or
similar code during the preceding year, or an order by municipal authorities
declaring the property to be unfit for occupancy and to remain vacant
and unoccupied;
The mortgagee or other authorized party has secured or winterized
the property due to the property being deemed vacant and unprotected
or in danger of freezing;
A written statement issued by a mortgagor expressing the clear
intent of all mortgagors to abandon the property; or
Any other reasonable indicia of abandonment.
[Added 8-15-2022 by Ord.
No. 06-22]
A.
Purpose. The purpose of this section is to create a Township property
registration program for the purposes of identifying and monitoring
vacant and abandoned residential and commercial properties within
the Township.
B.
Responsibilities. The Township property registration program shall
be responsible for regulating the care, maintenance, security, and
upkeep of the exterior of vacant and abandoned residential and commercial
on an annual basis.
C.
Official. The designated public official shall be responsible for
administration of the Township property registration program.
[Added 8-15-2022 by Ord.
No. 06-22]
A.
The responsible party for a vacant and abandoned property shall file
a certificate of registration with the designated public official
of the Township within 90 days after the property becomes vacant and
abandoned or within 30 days after the responsible party assumes ownership
of or responsibility for an already vacant and abandoned property,
whichever is later.
B.
The certificate of registration shall be filed on forms prescribed
by the Clerk and shall contain:
(1)
The name, street address, and telephone number of a natural
person who resides or maintains an office within the state and who
is either the responsible party or an authorized agent designated
by the responsible party to receive notices and complaints of property
maintenance and code violations on behalf of the responsible party;
(2)
The name, street address, and telephone number of the person
responsible for maintaining the property, if different; and
(3)
Evidence of any liability insurance.
C.
A responsible party for a vacant and abandoned property shall file
an amended certificate of registration within 30 days after any change
in the information required to be included thereon.
D.
A certificate of registration shall remain valid for one year and
shall be renewed on an annual basis if the property remains vacant
and abandoned.
E.
An annual fee of $250 for a certificate of registration for a vacant
and abandoned property shall be paid to the Clerk.
F.
If there is an outstanding property maintenance or code violation
on a vacant and abandoned property that remains unabated at the time
of renewal, the responsible party shall pay an additional fee of $500.
G.
If there is an outstanding property maintenance or code violation
on a vacant and abandoned property that remains unabated at the time
of a subsequent renewal, the responsible party shall pay an additional
fee of $750.
[Added 8-15-2022 by Ord.
No. 06-22]
A.
Forty-five days after the Township notifies the responsible party
that the property is vacant and abandoned and until the property is
reoccupied, the responsible party for a vacant and abandoned property,
shall:
(1)
Enclose and secure the property against unauthorized entry.
(2)
Post a sign affixed to the inside of the property and visible
to the public indicating the name, address, and telephone number of
the responsible party, any authorized agent designated by the responsible
party for the purpose of receiving service of process, and the person
responsible for maintaining the property if different.
(3)
Acquire and otherwise maintain liability insurance by procuring
a vacancy policy, covering any damage to any person or any property
caused by any physical condition of the property.
B.
This section shall not be construed to diminish any property maintenance
responsibilities of property owners who are not subject to the provisions
of this section.
[Added 8-15-2022 by Ord.
No. 06-22]
A.
The creditor filing a summons and complaint in an action to foreclose
shall, in addition to the notice provided to the municipality pursuant
to N.J.S.A. 46:10B-51, register the residential or commercial property
with the Township's property registration program as a property
in foreclosure.
B.
Registration as a property in foreclosure. The creditor must provide
the municipality with:
(2)
The date the summons and complaint in an action to foreclose
on a mortgage was filed against the subject property, the court in
which it was filed, and the docket number of the filing; and
(3)
Identify whether the property is vacant and abandoned in accordance with the definition in § 148-8.1; and
(4)
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to register pursuant to the property
registration program following the filing of the summons and complaint,
the creditor shall update the property registration program within
10 days of the change in that information; and
(5)
If there is any change in the property's status, update
the property registration with Township's property registration
program to reflect the change; and
(6)
If the creditor is located out-of-state, the information of
an in-state representative or agent to act for the foreclosing creditor.
C.
The creditor filing a summons and complaint in an action to foreclose
shall be responsible for the care, maintenance, security, and upkeep
of the exterior of the property if the property is vacant and abandoned
at any time while the property is registered with the property registration
program.
D.
A foreclosed property is considered vacant and abandoned if it meets the definition of § 148-8.1.
E.
In the case of a violation for failure to provide care, maintenance,
security, and upkeep of the exterior of vacant and abandoned property,
such notice shall require the person or entity to correct the violation
within 30 days of receipt of the notice, or within 10 days of receipt
of the notice if the violation presents an imminent threat to public
health and safety.
F.
Fees. The creditor will pay an annual registration fee of:
(1)
Five hundred dollars per property annually for any property
that is required to be registered because a summons and complaint
in an action to foreclose was filed by the creditor.
(2)
An additional $2,000 per property annually if the property is
vacant or abandoned when the summons and complaint in an action to
foreclose is filed, or becomes vacant and abandoned pursuant to the
definition in the ordinance at any time thereafter while the property
is in foreclosure.
(3)
The registration fee shall be due on: January 31.
G.
Any fines imposed pursuant to this section shall commence 31 days
following receipt of the notice of violation, except if the violation
presents an imminent risk to public health and safety, in which case
any fines shall commence 11 days following receipt of the notice.
H.
Penalties for out-of-state creditors. An out-of-state creditor who
fails to appoint an in-state representative or agent after the 10th
day of the period set forth in N.J.S.A. 46:10B-51 shall be subject
to a fine of $2,500 for each day of the violation.
I.
Twenty percent of any money collected pursuant to this section shall
be utilized by the municipality for code enforcement purposes.
[Added 8-15-2022 by Ord.
No. 06-22]
A.
For the purposes of this section only, "creditor" means a state-chartered
bank, savings bank, savings-and-loan association or credit union,
any person required to be licensed under the provisions of the "New
Jersey Residential Mortgage Lending Act," N.J.S.A. 17:11C-51 through
N.J.S.A. 17:11C-89, and any entity acting on behalf of the creditor
named in the debt obligation, including, but not limited to, servicers.
For purposes of this section, a creditor shall not include the state,
a political subdivision of the state, or a state, county, or local
government entity, or their agent or assignee, such as the servicer.
B.
A creditor serving a summons and complaint in an action to foreclose
on a mortgage on commercial property shall, within 10 days of serving
the summons and complaint, notify the Township Clerk and the Mayor
that a summons and complaint in an action to foreclose on a mortgage
has been filed against the subject property.
C.
The notice shall contain the full name, address, and telephone number
for the representative of the creditor who is responsible for receiving
complaints of property maintenance and code violations and the full
name and contact information for any person or entity retained by
the creditor or a representative of the creditor to be responsible
for any care, maintenance, security, or upkeep of the property.
D.
The notice may contain information about more than one property,
and shall be provided by mail and electronic mail communication.
E.
The Township Clerk shall forward a copy of the notice to the public
officer or shall otherwise provide it to any other local official
responsible for administration of any property maintenance or public
nuisance code.
F.
The notice shall also include the street address, lot, and block
number of the property.
G.
If there is any change in the name, address, or telephone number
for a representative, agent, or individual authorized to accept service
on behalf of a creditor required to be provided in a notice pursuant
to this subsection following the filing of the summons and complaint,
the creditor shall provide a notice to the Township Clerk containing
the updated name, address, or telephone number within 10 days of the
change in that information.
H.
If the owner of a commercial property vacates or abandons any property
on which a foreclosure proceeding has been initiated or if a commercial
property becomes vacant at any point subsequent to the creditor's
filing the summons and complaint in an action to foreclose on a mortgage
against the subject property, but prior to vesting of title in the
creditor or any other third party, and the exterior of the property
is found to be a nuisance or in violation of any applicable state
or local code, the designated public official shall notify the creditor
or the representative or agent.
I.
The Township shall include a description of the conditions that gave
rise to the violation with the notice of violation and shall provide
a period of not less than 30 days from the creditor's receipt
of the notice for the creditor to remedy the violation.
J.
If the creditor fails to remedy the violation within that time period,
the Township may impose penalties allowed for the violation of municipal
ordinances.
K.
If the Township expends public funds in order to abate a nuisance or correct a violation on a commercial property in situations in which the creditor was given notice pursuant to the provisions of Subsection H of this section but failed to abate the nuisance or correct the violation as directed, the Township shall have the same recourse against the creditor as it would have against the title owner of the property, including, but not limited to, the recourse provided under N.J.S.A. 55:19-100.
[Added 8-15-2022 by Ord.
No. 06-22]
A.
A responsible party that violates any provision of this § 148-8 or any ordinance adopted pursuant hereto, shall be liable to a penalty of not less than $500 and not more than $1,000; which penalty may continue to be imposed and collected.
B.
Each day that a violation continues shall constitute an additional,
separate, and distinct offense.
[Added 12-15-2014 by Ord. No. 17-14]
Except as set forth in § 148-8D and herein, any person, firm, corporation or entity violating any provision of this chapter shall, upon conviction, be punishable as provided in § 1-3 of the Code of the Township of Washington. A creditor required to care, maintain, secure and upkeep a property under this chapter cited in a notice issued pursuant to § 148-8B shall be subject to a fine of $1,500 for each day of the violation, commencing 31 days following receipt of the notice, except if the violation presents an imminent risk to public health and safety, in which case the fine shall commence 11 days following the receipt of the notice.
